What are the elements of a common law negligent misrepresentation claim?

Ontario, Canada


The following excerpt is from Bayens v. Kinross Gold Corp., 2013 ONSC 6864 (CanLII):

In its Amended Statement of Claim, Musicians pleads three of the five elements of a common law negligent misrepresentation claim. The elements of a claim of negligent misrepresentation are: (1) duty of care based on a special relationship between the plaintiff and the defendant; (2) an untrue, inaccurate, or misleading representation; (3) the defendant making the representation negligently; (4) the plaintiff having reasonably relied on the misrepresentation; and, (5) the plaintiff suffering damages as a consequence of relying on the misrepresentation: Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87.

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